Barriers to immediate birth registration in Serbia disproportionately impacting Romani population Legislative amendments passed in Serbia in 2012 introduced a court procedure to facilitate access to late birth registration for people who have been unable to register their births in the birth registries. However, bylaws on birth registration requiring parents to present birth certificates and identity documents to register the birth of a child immediately after birth remained in force and continue to disproportionately impact on the Romani population. Children born in Serbia to undocumented mothers still cannot be issued with a birth certificate at birth.26 5. DOCUMENTARY PROOF OF BIRTH International norms and good practice require States to issue documentary proof of birth to children regardless of their or their family members’ documentation or residence status.27 In the authoritative guidance provided in their recent joint general comments, the UN Committee on the Rights of the Child and the Committee on the Protection of Migrant Workers have urged States to ensure that all children not only have their births registered immediately, but are also issued with birth certificates, irrespective of their or their parents’ migration status.28 Good practice Only half of the 24 countries featured in the Statelessness Index demonstrate good practice in this regard. All children, regardless of their or their parents’ documentation or residence status should be issued with birth certificates upon birth registration, and States should take all necessary measures to ensure a birth certificate is provided for every child. In Austria, Bulgaria, Cyprus, the Czech Republic, France, Hungary, Italy, the Netherlands, Slovenia, Spain and Switzerland, all children are issued a birth certificate upon registration, without any further action being required by the child or the parents. In Portugal, a free certificate is provided either digitally or on paper to all children after registration. Issuance of birth certificates in Austria All births in Austria must be communicated (usually by the hospital/doctor/ midwife) to the civil registry office in the place of birth within seven days, regardless of nationality and legal status. Austrian civil registry offices are obliged to immediately register all births notified to them and issue birth certificates containing details of the place and time of birth, the name of the child and the (legal) parents. Parents must submit documents confirming their nationality and civil status but if documents cannot be presented, civil registrars can conduct ex officio investigations or oral hearings and should be flexible to facilitate birth registration for parents who cannot provide the required evidence.

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